Patna High CourtCR. MISC./73458/2022bail granted

Kamlesh Kumar v. The State Of Bihar

2023-02-10Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73458 of 2022 Arising Out of PS. Case No.-967 Year-2022 Thana- ARA NAGAR District- Bhojpur ====================================================== KAMLESH KUMAR S/o Dinesh Choudhary R/v- Balbatra, P.S.-Ara Nagar, District- Bhojpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Kumar Singh, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-02-2023 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Ara Town P.S. Case No. 967 of 2022, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.

The allegation is regarding recovery of 160 liters of illicit liquor from the tempo in question, which was being driven by the petitioner.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case, he is having a clean antecedent and he is languishing in custody since 19.11.2022. The learned counsel for the petitioner has further submitted that considering

Patna High Court CR. MISC. No.73458 of 2022(2) dt.10-02-2023 2/2 the period of incarceration of the petitioner herein, a sympathetic view may be taken.

Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail.

Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Court No.1st, Bhojpur at Ara in connection with Ara Town P.S. Case No.967 of 2022.

(Mohit Kumar Shah, J) rinkee/sonalU T